Allowed

Gaurav Dubey v. State of U.P.

Allahabad HC27 Jun 2022BAIL/17754/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 17754 of 2022, the High Court allowed bail to Gaurav Dubey accused under Sections 420, 467, 468, and 471 of IPC. The court found the applicant had no criminal history, referenced bail grants to co-accused, and relied on principles from Dataram Singh while imposing specific conditions for trial attendance.

What did the court decide?

Released on bail in Case Crime No. 77 of 2022 on furnishing a personal bond and two sureties subject to five conditions.

Gaurav Dubey Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 10

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17754 of 2022

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Applicant :- Gaurav Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard Sri Jawahir Yadav, learned counsel for the applicant and learned A.G.A. for the State.

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By means of this application, the applicant- Gaurav Dubey, who is involved in Case Crime No. 77 of 2022, under Sections 420, 467, 468, 471 of I.P.C., Police Station- Sector 58, DistrictGautam Budh Nagar is seeking enlargement on bail during the trial.

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It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. According to applicant counsel, all the other co-accused except the applicant have been enlarged on bail by this Court on 05.04.2022, 04.04.2022 and 14.06.2022. It is further contended that there is no criminal history of the applicant and allegation is that the recovery from the applicant has been made of only a mobile phone and two ATM cards. In para nos. 3 and 4 of counter affidavit filed by State, the details has been provided. Applicant is languishing in jail since 07.02.2022 and undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. while opposing the bail application submitted that the applicant along with the other co-accused were indulging in the crime alleged and from their joint possession two laptops, ten mobiles, 17 sim cards, one monitor, one CPU, one mouse, one keyboard, 10 ATM Debit Card, 40 Aadhar Cards, 1 pen drive and 138 resume have been recovered. He however could not dispute the fact that other co-accused have been enlarged on bail by this Court.

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Considering the facts and circumstances of the case, as the applicant has no criminal history and all the other co-accused have been enlarged on bail by this Court, keeping in view the nature of the offence, evidence, complicity of the accused, and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, I am

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of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant- Gaurav Dubey be released on bail in Case Crime No. 77 of 2022, under Sections 420, 467, 468, 471 of I.P.C., Police Station- Sector 58, District- Gautam Budh Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.

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(vii) The concerned Court/Authority/Official shall verify the authenticity of this computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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(viii) In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 27.6.2022 V.S.Singh

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Digitally signed by VIDYA SAGAR SINGH Date: 2022.06.27 17:50:27 IST Reason: Location: High Court of Judicature at Allahabad

Gaurav Dubey v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gaurav Dubey v. State of U.P.

Case brief

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What did the court decide?

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